LEGISLATIVE POLICY BRIEF: Medical Malpractice Reform

Subject: Health CareUpdated on Friday, January 17, 2014

Issue Summary: On July 21, 2012 the Missouri Supreme Court overturned the state’s cap on non-economic damages in medical malpractice lawsuits. As a result, there is no limit to what a jury can award a plaintiff under current law. The House of Representatives passed legislation in 2013 to reinstate the previous caps that were enacted under former Republican Governor Matt Blunt in 2005; however, the measure fell short in the state Senatein the final weeks of the 2013 legislative session. Physicians and health care providers from around the state have teamed up with hospitals, ambulatory surgery centers, and other organizations to form the Show Me Tort Reform Coalition. The coalition is working with legislators in a 2014 advocacy campaign to reinstate limits on non-economic damages, as they fear the status-quo will lead to a higher number of frivolous lawsuits and force providers out of the state. Read more here.

House Bill 1173, sponsored by Representative Eric Burlison (R-Springfield): Establishes a statutory cause of action, replacing the common law action, for damages against a health care provider for personal injury arising out of the rendering of or failure to render health services.Status: Referred to Special Standing Committee on Emerging Issues in Health Care (1/09/2014)

House Bill 1083, sponsored by Representative John McCartey (R-High Ridge): Establishes a two-year statute of limitations for actions against a mental health professional for malpractice, negligence, error, or mistake. Status: Referred to Judiciary (1/09/2014)

House Joint Resolution 45, sponsored by Representative Bill White (R-Joplin):Proposes a constitutional amendment limiting the liability for damages and authorizes the General Assembly to adjust the amount as necessary by law. Status: Referred to Emerging Issues in Health Care (1/09/2014)